Volume 11

11 Fla. L. Weekly Supp. 437a

Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Treating physician — Motion for refund of deposition fee on grounds that insurer did not ask expert questions — Where court previously determined that insured’s treating physician is expert witness entitled to deposition fee, and insurer reserved two hours of physician’s professional time to depose him, what questions insurer chose to ask in deposition is immaterial to physician’s entitlement to fee — Attorney’s fees — Physician, as nonparty witness, is entitled to attorney’s fees for prevailing on motion for protective order and successfully defending against motion for return of expert witness fee

11 Fla. L. Weekly Supp. 856a

Insurance — Personal injury protection — Attorney’s fees — Timeliness of motion — Time requirement for filing motion to tax fees and costs under rule 1.525 does not begin to run from confession of judgment, but from date judgment is entered on confession of judgment — Moreover, because attorney’s fees and costs are part of plaintiff’s legal claim in every PIP case and insurer is on notice that plaintiff will claim attorney’s fees from day suit is served, notice purpose of rule is satisfied, and insurer cannot claim that they were unaware that plaintiff would bring claim for fees until motion to tax fees was served and somehow suffered prejudice

11 Fla. L. Weekly Supp. 704b

Attorney’s fees — Insurance — Personal injury protection — Justiciable issues — Timeliness of motion filed after voluntary dismissal of case — Version of section 57.105(4) under which insurer sought fees, which allows opportunity to cure frivolous claim and effectively precludes relief thereunder after resolution of case, is inapplicable because it did not become effective until after PIP suit was filed — Had statute been applicable, trial court’s decision to deny fees would still be correct because insurer failed to follow requirements of statute — Applicable earlier version of statute which does not contain cure provision allows motions thereunder to be filed after resolution of case, but motion filed more than 30 days after service of notice of voluntary dismissal is untimely under rule 1.525

11 Fla. L. Weekly Supp. 1044b

Attorney’s fees — Insurance — Justiciable issues — Error to conclude that insurer’s voluntary dismissal deprived trial court of jurisdiction to award attorney’s fees under section 57.105 — Costs — Defendant is entitled to award of costs under rule 1.420

11 Fla. L. Weekly Supp. 47a

Insurance — Personal injury protection — Standing — Assignment — Medical provider that did not have valid assignment of benefits executed by insured at time PIP suit was filed did not have standing to maintain suit — Attorney’s fees — Justiciable issues — Attorney’s fees are awarded to insurer where medical provider pursued litigation despite knowledge of its lack of standing

11 Fla. L. Weekly Supp. 736a

Attorney’s fees — Insurance — Personal injury protection — Justiciable issues — Attorney’s fees and costs are awarded where medical provider was on notice of frivolity of suit against wrong insurer when defendant insurer served motion for sanctions identifying proper insurer, yet provider did not file motion to amend its complaint until 112 days after receiving motion for sanctions — Because provider abused its privilege to amend by waiting almost three months after finding out that it sued the wrong insurer, and defendant insurer has been prejudiced by incurring unnecessary expense of defending suit, motion to amend complaint to name proper insurer is denied with prejudice

11 Fla. L. Weekly Supp. 567b

Attorney’s fees — Insurance — Personal injury protection — Justiciable issues — Provider/assignee and counsel knew or should have known that action was not supported by material facts necessary to establish claim as to named defendant where provider and counsel knew name of insured’s PIP carrier from drafts paid to provider yet sued wrong insurance company; provider was given notice that defendant did not insure the insured in defendant’s answer, motion for sanctions, and motion for summary judgment; and provider did nothing in response to pleadings and continued action until court indicated it was granting motion for summary judgment — Defendant is awarded fees and costs to be paid equally by provider and counsel

11 Fla. L. Weekly Supp. 730b

Insurance — Personal injury protection — Coverage — Exhaustion of policy limits — Where policy limits were exhausted prior to provider/assignee filing suit for unpaid portions of medical bills, insurer has fulfilled contractual obligation to insured and provider and is entitled to summary judgment — Attorney’s fees — Justiciable issues — Sanctions against provider under section 57.105 are not appropriate in light of divergent case law regarding issue

11 Fla. L. Weekly Supp. 706a

Attorney’s fees — Insurance — Personal injury protection — Justiciable issues — Where trial court awarded attorney’s fees to be paid by attorney and insured, and attorney moved for rehearing solely on his own behalf, motion for rehearing did not suspend rendition of final judgment awarding fees as to insured and, therefore, notice of appeal brought by attorney on insured’s behalf 30 days after denial of motion for rehearing was untimely — To extent that attorney appeals his liability under terms of judgment, attorney’s interests have not been properly brought before court where either party status was conferred on attorney by order awarding fees or attorney became party by asserting own interest when he moved for rehearing after withdrawal from representation of insured, yet appeal was filed only in name of insured — Appeal dismissed

11 Fla. L. Weekly Supp. 247c

Insurance — Personal injury protection — Attorney’s fees — Where insurer paid less than full amount billed for services due to calculation error, medical provider filed complaint for balance of what it believed to be a reduced payment without first sending demand letter or attempting to contact insurer, and provider voluntarily dismissed action, insurer is awarded attorney’s fees because provider failed to conduct reasonable pre-suit investigation — Fees to be paid solely by provider where provider’s counsel relied in good faith on alleged material facts presented by provider in support of action